Holding that whether a reference is publicly accessible is based on the “facts and circumstances surrounding the reference's disclosure to members of the public”
Holding that paper on FTP website, while publicly available, was not publicly accessible because it was “not catalogued or indexed in a meaningful way”
Holding that figures within the prosecution history file in the Canadian patent office but not part of the issued patent were publicly accessible and thus a printed publication
Holding that alterations of time stamps and email addresses in a reproduction of a newsgroup post asserted as prior art were insufficient to create a genuine issue of material fact concerning the post